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Punjab Professional Tax

Punjab Professional Tax

Punjab Professional Tax

Professional tax is a form of tax imposed by the state governments on individuals who earn their income through any means. This tax should not be mistaken with its name; as the term ‘professional’ usually refers to people such as doctors, lawyers, and the likes of it. Professional tax in Punjab is to be paid by every earning individual of the state who is either an employee or in pursuit of any business or profession. The tax slabs, rates and the amount collected from the taxpayers may differ according to each state but has been capped at INR 2500 per year for an individual. The State of Punjab follows the professional tax laws dictated in The Punjab State Development Tax Act, 2018, which was bought into play on the 19th of April, 2018. This article hopes to enlighten the readers on the subject of Punjab Professional Tax.

Liable Individuals

The following categories of people are included under the ambit of professional tax payment:

  1. In the case of an employee, the employer would deduct an amount as part of the professional tax deduction from the salary and direct the payment towards the Government.
  2. As stated by the Punjab State Development Tax Act, 2018, if the employee is employed under more than one employer, the employee has the right to pay his share of professional tax to the government by registering themselves. After a declaration is given by the employee to the employers regarding the same, the employer is not liable to deduct any tax from the employee’s wages.
  3. In the case of individuals engaged in a business or profession, the individual is liable to register themselves under the state government to pay taxes as dictated under Section 6 of the Punjab State Development Tax Act, 2018.

Exempted Individuals

The following individuals who work in Punjab are exempted from the liability of paying professional tax:

  1. Senior Citizens
  2. People who earn wages on a casual basis
  3. Individuals who are completely reliable on agricultural activity for making an income.

Acting Authority

For ensuring the proper working of the law and the successful implementation of this Act, the Government may appoint an Appellate Authority as the Commissioner and will be assisted by officers that suit the purpose. The Commissioner shall have jurisdiction over every area of the state of Punjab. The Commissioner has the right to delegate any of his powers and duties due to restrictions and conditions to any Officer appointed for the purpose.

Registration and Enrollment

  1. Every employer or individual who is liable to pay tax must obtain a Certificate of Registration from the Commissioner or designated Officer in the prescribed manner.
  2. Every individual liable to pay tax under this Act (except a person earning salary or wages, in respect of whom the fee is payable by his employer) must obtain a certificate of enrolment from a designated officer in the prescribed manner mentioned in the Act.
  3. The designated Officer would mention the amount of tax payable by the certificate holder according to the schedule and the date of the supposed payment in every certificate of enrolment.

Failure to Deduct Profession Tax

If an employer doesn’t deduct professional tax at the time of payment of wage, or after deducting fails to pay the fee as required by or under this Act, he/she is liable to pay a simple interest at a rate of two percent of the amount of the tax pending for each month or for the period for which the charge remains unpaid, in addition to the amount of tax.

Documents Required for Professional Tax Registration

The following documents are required for registering for Professional Tax:

  1. Self-attested copy of PAN Card
  2. Proof of establishment of business such as Partnership Deed, Certificate of Incorporation, MOA & AOA or any other similar evidence.
  3. Proof of residence of the Partners, Director and Proprietor such as Passport, Driving Licence, Voter Card, Aadhar Card and Electricity Bill.
  4. Proof of the place of business such as Electricity Bill, Property Card, Agreement of Builder, Leave and License Agreement or NOC letter and Rent Receipt.
  5. Cancelled Cheque
  6. Establishment Certificate

Rate of Tax

The rate of tax, as provided in the Punjab State Development Tax Act, 2018, are  as follows:

Serial Number

Class of persons

Rate of Tax

1

Every individual who is assessable under the Head Income from Wages as per the Income Tax Act, 1961.

Rs. 200/- per month

2

Every individual who is assessable under the Head Income from Business and Profession as per the Income Tax Act, 1961.

Rs. 200/- per month

Applicable Penalties

The following penalties are imposed for varying reasons:

  • Delay in Registration or Enrollment: INR 50 per day
  • False Information: INR 5000 per day
  • Willful failure to maintain accounts and documents related to the provision: INR 50/- per Day
  • Failure to comply with any of the provisions of the Act: A penalty of INR 5000/- plus INR 50/- per day if the same continues.

No penalty under this section shall be imposed without offering the assessee a reasonable opportunity of being heard.

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Post by Chris John

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